Daniels v. Gerald Mitchell Contracting Ltd.

Daniels v. Gerald Mitchell Contracting Ltd.

The claimant failed to prove on the balance of probabilities that the defendant installed the septic system contrary to code or omitted the required hump; inspector and installer testimony established the system complied with C-3 requirements and the operational failure resulted from mineral clogging due to the claimant's soft water system, therefore the defendant is not liable and the claim is dismissed.

Citation
2009 NSSM 18
Parties
Claimant: Leigh Daniels; Defendant: Gerald Mitchell Contracting Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 June 2009
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed without order as to costs
Legal Topics
Breach of Contract, Defective Workmanship, Building Code Compliance, Septic System Installation
Source Language
English
Contract Construction Property Regulatory Compliance Breach of Contract Defective Workmanship Building Code Compliance Septic System Installation

Case Brief

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Parties

Leigh Daniels

Claimant

Gerald Mitchell Contracting Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the septic system was constructed in accordance with applicable code and C-3 system requirements
  2. 2 Whether the defendant breached contractual obligations or is liable for defective workmanship
  3. 3 Causation of the septic system failure (installation defect v. post-installation contamination/clogging)

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that the defendant installed the septic system contrary to code or omitted the required hump; inspector and installer testimony established the system complied with C-3 requirements and the operational failure resulted from mineral clogging due to the claimant's soft water system, therefore the defendant is not liable and the claim is dismissed.

Court Disposition

Claim dismissed without order as to costs

Orders

  • Claim dismissed
  • No order as to costs